Our firm recently achieved a critical victory for a veteran at the Court of Appeals for Veterans Claims (CAVC). The Court vacated and remanded a Board of Veterans’ Appeals (BVA) decision due to reliance on an inadequate medical examination. This decision ensures our client receives a fair review of their claim for service connection for a psychiatric disorder.
The VA must provide adequate medical examinations when evaluating veterans’ claims. VA and its attorneys agreed that October and December 2022 VA medical opinions were inadequate. The examiners’ conclusions failed to rest on correct facts or sound reasoning, as required by law. The examination dismissed key evidence linking the veteran’s in-service symptoms to his current diagnosis of bipolar disorder.
The VA examiner speculated that the veteran’s symptoms of depression and nervousness in 1981 were common reactions unrelated to bipolar disorder. However, the veteran’s service records revealed consistent reports of depression, anxiety, and sleep problems. These symptoms, documented during service, contradict the examiner’s assertion. Additionally, the examiner dismissed a private medical opinion as speculative without valid justification.
The VA examiner also incorrectly implied that the absence of an in-service diagnosis precluded service connection. This ignores established legal precedent allowing service connection even without a diagnosis during service. The examiner’s reliance on speculative reasoning rendered the medical opinion inadequate under VA standards.
The remand directs the Board to obtain a new, factually accurate, and well-reasoned medical opinion. This ruling emphasizes the importance of thorough and fair evaluations in veterans’ claims. Our firm remains committed to ensuring veterans receive the benefits they deserve.
